# Action Affecting Export Privileges; Nancy Ann Harvey; Decision and Order

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A99-19249

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** July 28, 1999
- **Citation:** 64 FR 40821

## Text

DEPARTMENT OF COMMERCE

Bureau of Export Administration
[Docket No. 98-BXA-08]

Action Affecting Export Privileges; Nancy Ann Harvey; Decision
and Order

In the Matter of: Nancy Ann Harvey, 4542 Indian Earth Court NE,
Salem, Oregon 97305, Respondent.

On August 3, 1998, the Office of Export Enforcement, Bureau of
Export Administration, United States Department of Commerce (BXA),
issued a charging letter initiating an administrative proceeding
against Nancy Ann Harvey (formerly known as Nancy Ann Mahler (nee
Reamer)) (Harvey). The charging letter alleged that Harvey committed
three violations of the Export Administration Regulations (currently
codified at 15 CFR Parts 730-774 (1999) (the Regulations),\1\ issued
pursuant to the Export Administration Act of 1979, as amended (50
U.S.C.A. app. Secs. 2401-2420 (1991 & Supp. 1999)) (the Act).\2\
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\1\ The violations at issue occurred in 1993. The Regulations
governing those violations are found in the 1993 version of the Code
of Federal Regulations (15 CFR Parts 768-799 (1993)) and are
referred to hereinafter as the former Regulations. Since that time,
the Regulations have been reorganized and restructured; the
restructured Regulations establish the procedures that apply to his
matter.
\2\ The Act expired on August 20, 1994. Executive Order 12924 (3
CFR 1994 Comp. 917 (1995)), extended by Presidential Notice of
August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)) August 14, 1996 (3
CFR, 1996 Comp. 298 (1997)), August 13, 1997 (3 CFR, 1997 Comp. 306
(1998)) and August 13, 1998 (CFR, 1998 Comp. 294 (1999)), continued
the Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991 & Supp.1999)).
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Specifically, the charging letter alleged that, on or about August
4, 1993, Harvey exported U.S.-origin shotguns (with barrel lengths of
18 inches and over) and shotgun shells to the Republic of South Africa,
concealing them in a 40 foot container and representing on a bill of
lading that the items in the container were ``used household goods and
personal effect,'' without obtaining from BXA the validated export
license Harvey knew or had reasons to know was required by Section
772.1(b) of he former Regulations. BXA alleged that, by exporting U.S.-
origin commodities to any person or to any destination in violation or
contrary to the provisions of the Act or any regulation, order or

[[Page 40822]]

license issued thereunder, Harvey violated Section 787.6 of the former
Regulations. BXA also alleged that, by selling, transferring, or
forwarding commodities export or to be exported from the United States
with knowledge of reason to know that a violation of the Act, or any
regulation, order or license issued thereunder occurred, was about to
occur, or was intended to occur with respect to the shipment, Harvey
violated Section 787.4(a) of the former Regulations.
Further, the charging letter alleged that, in connection with the
August 4, 1993 transaction, Harvey represented on a bill of lading, an
export control document as defined in Section 770.2 of the former
Regulations, that the container that she was shipping to the Republic
of South Africa held ``used household goods and personal effects.'' In
fact, the container also held shotguns (with barrel lengths of 18
inches and over) and shotgun shells that she had concealed among the
household items. BXA alleged that, by making false or misleading
representations of material fact directly or indirectly to a United
States government agency in connection with the preparation, submitted
or use of an export control document, Harvey violated Section 787.5(a)
of the former Regulations.
BXA presented evidence that Harvey received the charging letter but
failed to answer the charging letter, as required by Section 766.7 of
the Regulations, and is therefore in default. Thus pursuant to Section
766.7 of the Regulations, BXA moved that the Administrative Law Judge
(hereinafter the ALJ) find he facts to be alleged in the charging
letter and render a Recommended Decision and Order.
Following BXA's motion, the ALJ issued a Recommended Decision and
Order in which he found the facts to be as alleged in the charging
letter, and concluded that those facts constituted three violations of
the former Regulations by Harvey, as BXA alleged. The ALJ also agreed
with BXA's recommendation that the appropriate penalty to be imposed
for those violations is a denial, for a period of three years, of all
of Harvey's export privileges. As provided by Section 766.22 of The
Regulations, the Recommended Decision and Order has been referred to me
for final action.
Based on my review of the entire record, I affirm the findings of
fact and conclusions of law in the Recommended Decision and Order of
the ALJ.
Accordingly, it is therefore ordered,
First, that, for a period of three years from the date of this
Order, Nancy Ann Harvey, 4542 Indian Earth Court NE, Salem, Oregon,
97305, may not, directly or indirectly, participate in any way in any
transaction involving any commodity, software or technology
(hereinafter collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the Regulations, or
in any other activity subjects to the Regulations, including, but not
limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefiting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of the denied person any item
subject to the Regulations;
B. take any action that facilitates the acquisition or attempted
acquisition by the denied person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the denied person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the denied person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the denied person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and that is owned, possessed or controlled by the denied person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the denied person if such service involves the uses of
any item subject to the Regulations that has been or will be exported
from the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
Third, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to the denied person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provision of
this Order.
Fourth, that this Order does not prohibit any export, reexport, or
other transaction subject to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Fifth, that this Order shall be served on Harvey and on BXA, and
shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effectively immediately.

Dated: July 12, 1999.
William A. Reinsch,
Under Secretary for Export Administration.
[FR Doc. 99-19249 Filed 7-27-99; 8:45 am]
BILLING CODE 3510-DT-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-19249. Public record. Not legal advice.